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2017 Supreme(Del) 4707

S.P.GARG
South Asia Human Rights Documentation Trust – Appellant
Versus
Suhas Chakma – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Jawahar Raja and Mr. Chinmay Kanojia, Advocates
For the Defendant :Mr. Nitesh Kumar Singh and Ms. Neha, Advocates Mr. Rajiv Takhi, Advocate

JUDGMENT :

S.P. GARG, J.

1. The instant suit for permanent injunction restraining infringement of copyright, unauthorized downloading, misappropriation and illegal use of database, delivery up, rendition of accounts, damages and for passing off has been filed by the plaintiffs. Case of the plaintiffs is that the defendants have infringed the original literary works of the plaintiffs and dishonestly and unauthorisedly downloaded the database. They continue to use the confidential unpublished researched data to the detriment of the plaintiffs. It was claimed that plaintiff No.1 is a registered Public Charitable Trust founded on 16.10.1993 (hereinafter ‘TRUST’). As per the averments in the plaint, plaintiffs No.2 to 4 were the trustees of the ‘TRUST’. The suit was filed on 15.05.2006 and ex-parte interim injunction was granted in favour of the plaintiffs on 18.05.2006. The defendants filed written statement raising several preliminary objections. One of the objections was that the plaintiffs were not owners of the copyright and it belonged to the South Asia Human Rights Documentation Centre Pvt. Ltd. (hereinafter ‘the Company’) as such the suit was not maintainable. Issues were framed o














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